Oklahoma's proposed state-funded Catholic school violates U.S. Constitution, says A.G. Drummond

Oklahoma Attorney General and 2026 candidate for Governor, Gentner Drummond, has filed a brief one month before the case of an Oklahoma state-funded religious charter school goes before the U.S. Supreme Court.

At the center of the case is a 2023 approval of St. Isidore of Seville Virtual Charter School by Oklahoma's Statewide Virtual Charter School Board.

Legal challenges followed that approval, eventually leading to oral arguments before U.S. Supreme Court justices. Those arguments are scheduled for April 30, 2025.

Monday, Drummond filed a brief outlining "how a state-sponsored and taxpayer-funded religious public charter school is not required by—and indeed violates—the U.S. Constitution."

Drummond's key points in the brief include:

Charter Schools as Public Schools: Drummond asserts that Oklahoma charter schools are legally and functionally public schools under state and federal law. They are free, open to all, funded by the state, and subject to state regulation.

Legal Definition and Precedent: Oklahoma law, like federal law and the laws of 46 states, defines charter schools as public institutions that must remain nonsectarian in all operations, including admissions, curriculum, and employment practices.

Religious Schools and Public Funding: While Oklahoma allows public funds to reach religious private schools through tax credits and tuition assistance, Drummond argues that the state is not required to provide religious education within its public school system.

Potential Nationwide Impact: A court ruling in favor of St. Isidore could disrupt federal and state charter school laws nationwide, creating legal uncertainty and regulatory complications for millions of students.

State Regulation of Religious Institutions: If St. Isidore were classified as a public charter school, it would become subject to state oversight, potentially eroding religious institutions’ traditional independence from government control.

Legal History: The Statewide Virtual Charter School Board approved St. Isidore’s contract in June 2023, but Drummond challenged it as unconstitutional. The Oklahoma Supreme Court later upheld his stance.

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